Having a child brings joy. It can also raise legal questions for unmarried parents. In South Carolina, a man does not become the legal father just because he is the biological father. Parents may need to establish paternity to protect the child and both parents.
Understanding legal fatherhood at birth
When a child is born outside marriage, the mother generally has sole custody unless a court orders otherwise. The biological father may not have legal rights to make decisions for the child. Establishing paternity gives the father legal status. It also lets him ask the court for custody or visitation.
Voluntary acknowledgment of paternity
Parents can establish paternity by signing a Voluntary Acknowledgment of Paternity. They may sign the form at the hospital or through the South Carolina Department of Public Health. This can establish legal paternity without a court hearing.
Parents should understand the form before signing it. It can create a duty to pay child support. It can also create other legal rights and duties.
Court-ordered paternity testing
Parents may disagree about who the biological father is. In that case, genetic testing may help establish paternity. Other legal steps may also establish paternity. These can include a court or administrative decision.
A paternity case may also deal with child support, custody or visitation. Establishing paternity does not give the father automatic custody or decision-making rights.
Benefits of legal recognition
Establishing paternity can help a child in many ways. It may help the child get health insurance or Social Security benefits. It may also protect inheritance rights. Legal paternity gives the father a basis to seek custody or visitation. Any custody order must serve the child’s best interests.
Protecting parental rights in Conway
Establishing paternity can give unmarried parents more legal certainty. It can also help protect the child’s rights. Parents who need to address paternity, custody, visitation or support should learn about their options before signing documents or going to court.